Unites States of America v. Apple, Inc. et al

Filing 416

ORDER....On December 13, Apple filed a motion (December 13 Motion) by order to show cause for a stay of the Injunction pending appeal to the Second Circuit. DOJ submitted a responsive letter that same day. Also on December 13, the Court held a telephone conference on the record with Apple, DOJ, and the Plaintiff States present, in order to schedule briefing on Apples Motion. In that conference, the Court reminded the parties that the Injunction had not been modified, and stated that the term ex parte, as used in the Courts proposal with respect to communications between the Monitor and Apple did not mean un-counseled, but rather carried the ordinary meaning of ex parte, i.e., that DOJ and/or the Plaintiff States need not be present during any communication between the Monitor and Apple, and that Apple need not be present for any communication between Monitor and DOJ and/or the Plaintiff States. Apple was given the opportunity to amend its motion in light of these statements. It declined to do so. Accordingly, it is herebyORDERED that DOJ and the Plaintiff States opposition to Apples December 13 Motion is due by December 30, 2013. Apples reply, if any, is due by January 7, 2014. IT IS FURTHER ORDERED that at the time any pleading is served, the party submitting the pleading shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 12/13/2013) (gr)

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